The H-1B process can feel complicated, especially for HR teams working on tight hiring timelines. Understanding each step and the associated costs helps employers budget accurately, set expectations, and avoid surprises. This simplified checklist outlines the core stages of the H-1B process and provides a running total of typical fees at each point. It is designed for employers planning to sponsor foreign national employees in the 2025 cycle.
1. Determine Eligibility and Role Requirements
What happens
Employers must confirm that the offered position qualifies as a specialty occupation. HR teams should review job duties, degree requirements, wage levels, worksite information, and any hybrid or remote work considerations. At this stage, an immigration attorney reviews the role, evaluates eligibility, and advises on strategy.
Running total
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2. Obtain the Prevailing Wage and File the LCA
What happens
The attorney determines the correct prevailing wage and files the Labor Condition Application (LCA) with the Department of Labor. Employers must post the required notices at the employee’s worksite, which may include additional postings for remote or hybrid employees.
Government filing fees
None. The LCA filing is free.
Running total
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3. Prepare the Full H-1B Petition
What happens
This is where your team, or an experienced business immigration attorney, prepares the complete H-1B petition, including Form I-129, employer support letters, employee credentials, evidence of specialty occupation, wage documentation, and compliance checks. This stage represents the main body of the H-1B work.
Mandatory government fees
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I-129 filing fee: 780 dollars
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Anti-fraud fee: 460 dollars
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ACWIA training fee:
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750 dollars for employers with fewer than 25 employees
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1,500 dollars for employers with 25 or more employees
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Running total
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Small employer (under 25 employees): approximately 2,000 dollars
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Mid-sized or large employer: approximately 2,740 dollars
4. Optional: Premium Processing
What happens
Employers may choose premium processing to receive a USCIS decision within 15 days. This does not improve lottery selection chances. It only accelerates processing after a petition is filed.
Government fee
Premium processing: 2,805 dollars
Running total with premium processing
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Small employer: approximately 4,805 dollars
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Mid-sized or large employer: approximately 5,545 dollars
5. USCIS Decision
What happens
USCIS may approve the petition, issue a Request for Evidence (RFE), or deny the case. If USCIS issues an RFE, employers may incur additional labor costs for the preparation of the response by internal teams.
Potential additional fees
RFE response: approximately 500 to 2,000 dollars
Running total with RFE
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Small employer: approximately 5,305 to 6,805 dollars
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Mid-sized or large employer: approximately 6,045 to 7,545 dollars
Summary of Total H-1B Costs
Most mid-sized employers can expect these ranges:
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Without premium processing: approximately 2,740 dollars
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With premium processing: approximately 5,545 dollars
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With an RFE: approximately 6,045 to 7,545 dollars or more, depending on complexity
Why Employers Benefit from Working With an Immigration Attorney
An experienced business immigration attorney helps employers manage each step of the H-1B process. Legal counsel ensures that wage levels are chosen correctly, supporting evidence is accurate, LCAs are compliant, and petitions are prepared to minimize RFE risk. Attorneys also advise on remote work compliance, timelines, and long-term sponsorship strategy. For HR teams that rely on predictability and consistency, legal support significantly improves approval outcomes and reduces compliance exposure.